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Unpaid Overtime Misclassification Corporate Counsel

Fisher Phillips

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

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In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

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The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Foley & Lardner LLP

When Is A Seemingly Exempt Employee Not Truly Exempt?

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Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay...more

BakerHostetler

Florida Court Denies Conditional Certification of FLSA Case Involving Restaurant Staff

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As we’ve noted before, many courts have applied the standard for conditional certification so leniently that in places the requirement of a group of “similarly situated” employees under the FLSA has all but disappeared. So,...more

Fisher Phillips

Federal Court Provides Roadmap For Misclassification Success – Sort Of

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Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy - A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more

Littler

These Foolish Things – The Oddest Employment Issues of the Past Year

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Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

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January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Troutman Pepper

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

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Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Troutman Pepper

Your Own Agreements Can Be Your Worst Enemy in IC Misclassification Cases

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Companies that use independent contractors (ICs) typically require ICs to sign a contractor agreement prepared by the company. But, if it is drafted like the one reviewed in late September by the U.S. Court of Appeals for the...more

Troutman Pepper

October 2016 Independent Contractor Misclassification and Compliance News Update

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Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

Mintz - Employment, Labor & Benefits...

Chebotnikov v. LimoLink, Inc.: a Cautionary Tale Concerning the Use of Forum-Selection Clauses

At the end of last year, a federal court in Massachusetts found that a forum selection clause in an Iowa company’s standard form service-provider agreement did not apply to claims asserted under the Fair Labor Standards Act...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

Troutman Pepper

Labor Department's New Guidance on Independent Contractor Misclassification Is Nothing New Legally, But Will Likely Reinvigorate...

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The main difference between the new Interpretation and the Labor Department’s prior enforcement policy is a greater emphasis on the “economic dependence” of the workers on the business that has engaged their services. ...more

Fisher Phillips

Federal Wage Claims? That's The Easy Part!

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Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

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